If a Neighbor’s Tree Falls on My House – Who’s Responsible? Over the past couple of years, we have seen an increasing number of old-growth trees being toppled in severe storms.  Homes, cars, fences, and other property have been crushed.  In one recent case, just a few blocks from my home, the resident was killed. We are getting an increasing number of inquiries from our clients about who is responsible for the property damage (or death or injury to …

Court Upholds HOA’s Prohibition on Artificial Grass Homeowners and HOAs appreciate lush grass, but some homeowners got their hands dirty when they put down artificial grass without permission. The North Carolina Court of Appeals in Martin v. The Landfall Council of Associations issued a semi-important (more on this below) opinion regarding the authority of HOAs to enforce architectural requirements and to collect attorney’s fees. The Case: Martin v. The Landfall Council of Associations Here’s the dirt: The Martins owned a home …

COVID-19 Update: The Community Association Institute Calls For Moratorium On HOA Foreclosures The Board of Trustees for the national Community Association Institute has issued a plea for a halt of HOA foreclosures for non-payment of HOA assessments, until June 1.  The current crisis is affecting all of us, and Offit Kurman whole-heartedly agrees with CAI’s request, including that liens should continue to be filed – in anticipation of a jump in consumer bankruptcy filings and other debt collection proceedings.  …

Social Distancing: What Can Your HOA Do for You? The sky appears to be falling, Covid-19 is the topic of the day, all under the dark shadow of a faltering economy.   Many of us are under mandatory orders to stay home and to practice ”social distancing.”  Kids are home from school, and parents are understandably under stress.  Despite the bleak outlook at this time, we will get through this sooner or later, and life will return to normal. One overlooked …

How should community associations handle the Coronavirus? Understandably, Offit Kurman attorneys have been getting a lot of inquiries from our community association clients and management companies on what to do about the COVID-19 virus, how they should respond and communicate to homeowners.  CAI (the Community Association Institute) has published some guidance on its website, along with a sample letter that can be adapted for use to your community associations. https://www.caionline.org/Pages/Coronavirus.aspx Schedule Virtual Meetings HOAs with annual meetings scheduled in …

Is the Developer Running the HOA Correctly? In my HOA law practice, I often hear complaints from homeowners in communities that are still being developed, that the developer is not tending to the affairs of the HOA as it should be.  Many developers view the management of the HOA as an afterthought, instead focusing on development and sales.  In most cases, developers have various tools available to them (all legal) to allow the developer to control the HOA, typically …

Is Your Association Required to Confront the Bully? These days, it seems like there’s no such thing as a minor disagreement.  Normally, owner-to-owner disagreements between neighbors in a homeowners’ association or condominium association fall outside of the association’s authority or jurisdiction, but not necessarily when the disagreement reveals a more-sinister motive: discrimination. Fair Housing Act (FHA) Enforcement HOAs and condos are subject to the Fair Housing Act (“FHA”), which prohibits housing discrimination against “protected classes” of individuals, including on …

Who is Responsible for Maintenance on my Townhome? Question: I recently had water damage which my homeowners’ association (“HOA”) is repairing. During reconstruction, the contractor found termites. My HOA instructed me that it was my obligation to treat for termites. When I bought my townhome in 2008, I was told my HOA would provide termite treatment. I recently found out that the HOA terminated that contract, and we were not made aware of the termination. Since the townhomes are …

What’s the difference between a proxy and a ballot? Question:  I am on the board of directors for my homeowners’ association, and our annual meeting is coming up. There seems to be confusion among our board members and homeowners regarding the difference between a proxy and a ballot, and how the voting process works for owners who cannot attend the meeting to cast their vote. Answer:  A lot of homeowners’ associations (HOAs) hold their annual meetings in the first …

Homeowner’s Drain Tile Trenches Wreak Havoc in Neighbors’ Yards Question: A member of our homeowners’ association believes he does not have to follow our subdivision’s covenants, conditions, and restrictions (or CCRs). He filled in the natural depression of the drainage ditch in his back yard to level the area. He then built a catch basin at his property line where the natural water flow would normally have gradually drained onto the adjacent lot and installed drain tile trenches that …